Month: July 2020

The Supreme Court Holds The U.S. To A Promise

/ Jack Marshall / 15 Comments

“On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever…Because Congress has not said otherwise, we hold the government to its word.”

Thus did Justice Neil Gorsuch begin and end his historic 42-page majority opinion this month in McGirt v. Oklahoma, as the Supreme Court ruled  in a 5-4 decision that the Creek reservation in eastern Oklahoma had never been “disestablished” by Congress, and thus the promise made in a series of 18th Century treaties ensured that the territory remains an Indian reservation for the purposes of federal criminal law, and quite probably in other areas as well.

The decision was overshadowed by more politically debated decisions this month, but it may be the most overtly ethical of the Supreme Court’s recent holdings. Among other virtues, it rejects the false logic of Rationalization #52. The Underwood Maneuver, or “That’s in the past.” That one holds that time erases accountability, an attitude  useful to the habitually unethical, because “moving on” gives them  an opportunity to repeat their unethical and harmful conduct, or worse.

The Underwood Maneuver manipulates the victim of wrongful conduct into forgiving and forgetting without the essential contributions a truly reformed wrongdoer must make to the equation: admission of harm , acceptance of responsibility, remorse and regret, amends and compensation, and good reason to believe that the unethical conduct won’t be repeated.  By emphasizing that wrongdoing was in the past, this rationalization all but assures that it is also lurking in the near future.

Potentially half of Oklahoma will be affected by McGirt. The issue was whether the state of Oklahoma could prosecute Indians accused of major crimes in Indian Country, or if, under an 1885 federal statute known as the Major Crimes Act, such offenses were within federal jurisdiction. The case hinged upon whether the Creek Reservation had been withdrawn or disestablished, by Congress in the lead-up to Oklahoma’s admission to the Union in 1907, thus causing Hugh Jackman to sing.

This is 3 million acres in and around Tulsa we’re talking about here.

With the Court holding that the Creek reservation was never disestablished, four other tribes— the Seminole, Cherokee, Chickasaw and Choctaw Nations in eastern Oklahoma— may benefit from similar rulings. Those tribes’ total territory covers  19 million acres where 1.8 million Americans now live, relatively few of whom are Native Americans. Continue reading →

Tales Of The Niggardly Principals

/ Jack Marshall / 18 Comments

Quite a bit of the censorship, word-banning and historical air-brushing we are seeing during the George Floyd Freakout, aka The Great Stupid, are fueled by ignorance, like that of the black D.C. employee in 1999 who forced  David Howard, an aide to Mayor Anthony A. Williams, to resign for using a “racial slur.”  (“Niggardly (noun: niggard) is an adjective meaning  stingy or miserly. It is derived from the Middle English word nigard, which is probably derived from Old Norse hnǫggr , meaning “stingy”) After Howard was reinstated, there was wide agreement that this was political correctness run amuck. Julian Bond, then chairman of the National Association for the Advancement of Colored People, said, You hate to think you have to censor your language to meet other people’s lack of understanding…Seems to me the mayor has been niggardly in his judgment on the issue” and noted that the US has a “hair-trigger sensibility” on race that can be tripped by both real and false grievances.”

Ah, those were the days! Imagine as statement like that coming from the NAACP today.

The core idea behind the three Niggardly Principles is that ignorance and stupidity should not be enabled, reward or encouraged, though it is unkind—unethical—to deliberately set out to offend someone even if the source of the offense is the individual’s knowledge or intellectual deficit. (That’s the Second Niggardly Principle.)

I do not think that one applies to this episode: Greg and Kjersten Offenecker, owners of The Nordic Pineapple in St. Johns, Michigan removed  the Norwegian flag and an American flag posted outside their Civil War-era mansion last week because morons had accused them of promoting racism in the largely conservative Michigan town.

The couple said they capitulated after receiving “at least a dozen hateful emails” and other complaints.  “I don’t see it because I grew up with the Norwegian flag.To me they are two distinct flags,” shrugged Kjersten.

They ARE two distinct flags, you cowardly, submissive enabler of race bullies.!You should have issued each sender of those emails an explanation. You should have put out a press release clarifying the difference between the flags. You should have extended a little time and commitment  to protect speech and expression from sinister efforts to intimidate and censor by the proto-totalitarian Left, which is getting less proto- by the hour. Too much trouble to do your duty to fight for American values and principles, is it? Then I pronounce you a lazy and irresponsible citizen.

Here’s the Norwegian flag next to the Confederate flag:

They are not the same design. They do not have the same colors. Why are you allowing people this stupid to dictate your conduct? And if you remove the American flag because some vile mutation of citizen complains, you are as anti-American as it is. You are the kind of submissive coward who would raise a Nazi flag because your neighbors insisted on it.

The United States cannot survive if it is dominated by the ignorant and the meekly submissive.

Boy, Norway is so lovely this time of year. I don’t know how you can stay away… Continue reading →

Res Ipsa Loquitur At The Barr Hearing

/ Jack Marshall / 42 Comments

No, this wasn’t Fox spin…this was the main theme of the hearings.

Yesterday’s House hearing featuring Attorney General Barr was a new low in partisan grandstanding in Congressional hearings, which by itself is astounding. That condition has made many hearings unwatchable and embarrassing for a very long time, and during the Trump administration, in  fiascos like Justice Kavanaugh’s hearing, the spectacle scarred the image of representative democracy itself. I tried to watch the recording of Barr’s hearing, and was shocked—shocked that the Democrats have become so uninterested in presenting even the illusion of fairness, shocked at the inability of the committee’s repulsive chairman, Rep. Nadler, to restrain his hateful demeanor. I cannot imagine an uglier image of the legislative branch. The transcript excerpts—I’m still waiting for the whole thing— were little easier to take. A little.

Among my Facebook friends, one particularly, a former D.C. journalist, is certifiably Trump Deranged. He literally is unable to go a day without posting a Charles Blow op-ed or the equivalent, or “Look at the horrible thing Trump tweeted!” message to go with pictures of his meals. His Facebook page is a nest of anti-Trump crazies—they flock there like addicts would head for a crack house. Yet in the middle of the Barr hearing, HE wrote, “Why won’t the Democrats give Barr a chance to speak?”

“I know your story,”  one of the more infamously dim-bulb Congressmen, Representative Hank Johnson of Georgia told Barr, interrupting him before he could complete a thought. “I’m telling my story. That’s what I’m here to do,” Barr replied.

Representative Jim Jordan of Ohio, the committtee’s ranking Republican, protested, “For months you have tried to get the attorney general to come, He is here. Why don’t you let him speak?” Continue reading →

Tuesday Dusk Ethics Musings, 7/28/2020: Bitch, Bitch, Bitch

/ Jack Marshall / 24 Comments

I had a friend who was sure the lyrics were about “ducks in the wind.” Dust, ducks, dusk…whatever. Never liked the song, but it suits my mood after today’s farewell to an old friend, maybe the sweetest person I’ve ever known or ever could know, at Arlington. Here were old friends, many who hadn’t seen each other in many years, standing around, six or more feet apart, trying to talk through masks and to recognize each other.

This is no way to live.

1. I have to say this: At a time when Gilbert and Sullivan is being “cancelled” by the sick combination of hyper-sensitivity to fantasy gender stereotypes and the ignorant belief that “The Mikado” is racist—morons!—I should not be forced to listen to Lifelight’s badly set, forced, incompetent parody of “The Major General’s Song.” I could write better lyrics than that, yes, even about vegetable meat substitutes, with half my brain tied behind my back. There’s no excuse for such lazy, lousy writing, especially for compensation. Was the writer the company CEO’s 12-year-old niece?  Gilbert and Sullivan were geniuses; their work shouldn’t be desecrated like that.

2. Shut up, David. David Price, who couldn’t be bothered to play baseball and help relieve the public’s stress for a paltry 10 million dollars, is home and sniping at Major League Baseball for not shutting down after 14 members of the Florida Marlins tested positive for the Wuhan virus. Well, some of his colleagues need their salaries, unlike Price, who has a 150 million or so in the bank unless he has a gambling habit, and baseball, to its credit, is determined to gut it out, much as it did during the 1918 Spanish Flu pandemic. Good. Thank-you.

3.  How can anyone take an award seriously that does something like this? On the other  hand, it’s comforting that after all these years, the Kennedys are still hyper-partisan, hypocritical, and silly. 2020’s Robert F. Kennedy Human Rights Ripple of Hope Awards, which supposedly honors “changemakers” who are advancing human rights, equality and justice, have been awarded to, among others, Dr. Fauci and Colin Kaepernick. The Kennedys’ game could not be more transparent if they admitted it. Kaepernick, whose questionable contribution  to human rights has been kneeling where he shouldn’t and cashing in with Nike, but he’s a walking Black Lives Matter ad, and so it’s a poke in the President’s eye. As for Fauci, the message is that he’s brilliant, so Trump is the reason why the pandemic has raged.

Here are some recent award winners: Obama, Hillary Clinton, Joe Biden, and Nancy Pelosi. Continue reading →

The Murder Of Mary Phagan And The Forgotten Heroism Of John M. Slaton

/ Jack Marshall / 18 Comments

I  just brought The Ethics Alarms Heroes’ Hall of Honor up to date. There are 44 men and women whose inspiring stories reside there, and I know who #45 will be: John Marshall “Jack” Slaton (December 25, 1866 – January 11, 1955),the 60th Governor of Georgia.

This won’t be the official entry for John Slaton; I want to do him justice, and the story of his moment of principle and sacrifice is not only complicated, but I am having a hard time settling the facts. The short version is this:

Mary Phagan, 13, an employee at Atlanta’s National Pencil Company where Leo Frank was the manager, died of strangulation on April 26, 1913. Her body was discovered in the factory’s cellar the next morning.  Over the course of their investigation, Atlanta police arrested several men, including the night watchman Newt Lee, Frank, and Jim Conley, a janitor at the factory. Lee and Conley were black; Frank was Jewish. Though this was the height of Jim Crow in the South, prejudice against Jews was as strong in Atlanta as racism.

On May 24, 1913, Frank was indicted on a charge of murder and the case was tried at Fulton County Superior Court beginning on July 28. The prosecution’s key witness was  Conley, who described himself as an accomplice, assisting Frank in disposing the girl’s body.  Frank’s defense lawyer argued that Conley was the real killer.

The jury pronounced Leo Frank guilty verdict on August 25, 1913. Then followed a series of unsuccessful appeals, the last being before the U.S. Supreme Court, which rejected it in April of 1915. Georgia Governor John M. Slaton was a popular figure about to leave office, and considered a rising political star whose ascension to the U.S. Senate was likely, if not a forgone conclusion. It was assumed that he would quickly reject Frank’s request for a pardon, given the extensive appeals and the overwhelming public outrage regarding Mary Phagan’s murder.

Those assumptions were wrong. A trial lawyer before entering politics, the Governor reviewed the evidence, acquired some evidence that had not been presented at trial , and interviewed some of the witnesses, including Conley. who had changed his story several times.  Slaton also heard arguments from both the prosecution and defense.

Although he knew, and had been warned, that taking any action favorable to Leo Frank would not only end his political career in Georgia but also place him and his wife in mortal peril, Slaton commuted Frank’s sentence from capital punishment to life imprisonment. In his official statement, he wrote,

I can endure misconstruction, abuse and condemnation, but I cannot stand the constant companionship of an accusing conscience, which would remind me in every thought that I, as a Governor of Georgia, failed to do what I thought to be right.

Continue reading →

You Have The Floor In Another Open Forum, With Some Preliminary Opening Observations

/ Jack Marshall / 33 Comments

I’m going to open up the floor to comments on whatever you want to talk about, ethics-wise. This day looks chaotic for me, beginning with an interment of a dear friend at Arlington National Cemetery. I’ll visit mom and dad while I’m there…

Let me append a footnote. Althouse, who lives in Madison, directs readers to this article: “Two women arrested in beating of state Sen. Tim Carpenter during night of protests in Madison.” I remember the incident and the frightening video. From the article,

Police arrested Samantha R. Hamer, 26, and Kerida E. O’Reilly, 33, on suspicion of being parties to the crimes of substantial battery and robbery with use of force. They were both in custody Monday night, according to online records from the Dane County jail.

He fell to the ground after he was punched and about 10 people hit and kicked him, one witness told police. Stunned, Carpenter told them he was an ally and had long fought for the kinds of policies they were seeking.

Paramedics treated him but he declined to go to the hospital that night. A week later, he said he had surgery in St. Francis for injuries he suffered during the attack.

Observations:

  • I have to believe that sooner or later the cognitive dissonance scale will work its silent magic, to the advantage of Republicans and the detriment of Democrats. These are ugly, scary people who are behind the rioting and statue-toppling, and the classic types that have fueled totalitarian take-overs throughout history (Yesterday was the anniversary of the revolutionaries turning on Robespierre.).

Yet Democratic leaders are fearfully giving them their seals of approval.

  • Not for the first time, I’m wondering if it’s fair to publish mug shots. Professor Turley is addicted to them, but they  encourage people to judge others by their appearances, and publicizing an individual’s appearance at a time when they can’t possibly be at their best seems gratuitously cruel. The photos of the two arrested women…

…prompted lots of mockery among Althouse’s commentariat, most of whom resorted to stereotyping

What the President said, in response to a question about the incident, was, “The person they beat up was a Democrat who happened to be gay and he was probably out there rooting them on or something because Democrats think it’s wonderful they’re destroying our country.”

Typical “fact-check.” This kind of dishonesty has been going on for almost four years, but I’m sure that Washington Post will add it to its “lie list.”  The state senator is gay and is a Democrat. Saying what he was “probably” doing is not a “claim” but an opinion, and based on Carpenter’s own protestation, it’s probably an accurate one. By the basic rules of English, there is no way one can fairly say that the President “falsely claimed” that Carpenter was rooting the statue-topplers on.

That’s enough from me.

“Over to you, Clarence…”

Ethics Quiz And Poll: The Wuhan Wedding

/ Jack Marshall / 25 Comments

Yes, that’s a real wedding invitation that has “gone viral” on social media.

Your Ethics Alarms Ethics Quiz of the Day is…

Is this a fair, responsible and respectful way to handle this situation?

Continue reading →

The Ethics Vacuum That Is CNN’s Brian Stelter

/ Jack Marshall / 5 Comments

Brain Stelter probably finishes no higher than third in CNN’s “Unprofessional and unethical broadcast journalists who any trustworthy news organization would fire but since CNN isn’t trustworthy it won’t” sweepstakes. Nonetheless, he is shockingly and consistently ethics free, which is particularly grotesque for an alleged media ethics critic. You can read the ugly  Ethics Alarms Stelter dossier here.

He’s also, in addition to being a 24-7 ethics dunce, not very bright.

D.C. attorney Mark Zaid (who also has an Ethics Alarms file!) tweeted this regarding the Washington Post’s settlement of the $250 million defamation suit filed against it by Nick Sandmann:

Being a dolt, Stelter probably thought it would be cute to retweet it, so he did. Continue reading →

Monday Ethics Cool-Down, 7/27/2020: Lots of Stuff Hanging Around The Runway

/ Jack Marshall / 18 Comments

I have a long night of work ahead of me, so I don’t know what time it is.

Or care.

1. Res ipsa loquitur.  Oopsie! “Health company apologizes for falsely telling 600,000 US military members they were infected with coronavirus”

Tricare apologized for a poorly worded email that implied the recipient had  been infected with the Wuhan virus.

I guess the writer was a Rutgers English major.

On the bright side, it is better to get a false positive than a false negative.

2. Schadenfreude Alert! Seattle radio host  Paul Gallant  mocked President Donald Trump last month for suggesting Seattle’s riots were violent. Then, last night, the “mostly peaceful” demonstrations got his Starbucks. HIS STARBUCKS!!!

“I feel like I need to buy a firearm, because clearly this is going to keep happening. Enough is enough,” Gallant he added.

It was enough a long time ago, you pathetic jerk.

3.  Boy, when you can’t even trust the sports reporters…ESPN tweeted a video over the weekend of players from the WNBA’s New York Liberty and the Seattle Storm leaving the court, and wrote, “As the national anthem was played, the @nyliberty and @seattlestorm walked off the floor as part of the social justice initiative.” For this display, the women were roundly criticized.

Then ESPN tweeted  “Correction: Players left the court before the national anthem was played, not during.” That’s what I call a material mistake.

Nevertheless, at last checking,  the original misleading tweet is still up.

4. This is presumably justifiable because all cops in New Jersey are racists, as proven by the fact that a non-racist cop in Minneapolis killed a black man.  Kevin Trejo, 21, of Westwood, New Jersey has been arrested for  spitting into the coffee of a police officer at Starbucks.  Police have evidence  that Trejo had done this repeatedly with officers.  Trejo claims to have only done it just once. Oh! Well that’s OK, then!

Question 1: Is this a violent offense?

Question 2: Why would any police officer chance ordering a beverage at Starbucks? Continue reading →

Update: The Rutgers Grammar Letter. What’s Going On Here?

/ Jack Marshall / 16 Comments

Yesterday, I wrote about  Rebecca Walkowitz, the English Department chair at Rutgers University, sending  an email to the Rutgers community titled “Department actions in solidarity with Black Lives Matter.” In order to “contribute to the eradication of systemic inequities facing black, indigenous, and people of color,” she announced, the English Department will begin “incorporating ‘critical grammar’ into our pedagogy.” “Critical grammar” pedagogy “challenges the familiar dogma that writing instruction should limit emphasis on grammar/sentence-level issues so as to not put students from multilingual, non-standard ‘academic’ English backgrounds at a disadvantage,” her email states. “Instead, it encourages students to develop a critical awareness of the variety of choices available to them w/ regard to micro-level issues in order to empower them and equip them to push against biases based on ‘written’ accents.”

This, I concluded, was one more example of the solution to “systemic racism” being rammed down our metaphorical throats by the World’s Woke consisting of removing any standards that any segment of black America found the lest bit inconvenient or challenging—you know, like competing for jobs, SAT scores and having to obey lawful directives from police officers. I wasn’t the only one, though the report on this initiative came from the College Fix, a conservative site that reports on the leftist nonsense in our institutions of higher learning. There has been literally nothing about this episode in the mainstream news media. The New York Post—but that’s a Murdoch publication, so thus presumptively eeeevil—did have a brief editorial note about the matter:

“….Rebecca Walkowitz, vowed to incorporate “ ‘critical grammar’ into our pedagogy,” which will challenge “the familiar dogma that writing instruction should limit emphasis on grammar/sentence-level issues,” so as not to put students with poor “academic” English backgrounds “at a disadvantage.” Another goal: “decolonizing the Writing Center.” How does lowering standards serve justice? Executive dean Peter March and spokeswoman Dory Devlin didn’t respond to request[s] for comment.”

Two esteemed Ethics Alarms readers, however, argued that I, as well as the College Fix and others, got her intent backwards. Heeere’s commenter Here’s Johnny (emphasis mine):

[I]n saying “Critical grammar pedagogy challenges the familiar dogma”, they are doing the right thing. The familiar dogma being challenged is that proper grammar is not important. That dogma came into play to cut some slack to students whose grammar was not perfect, for cultural, or native language, or other reasons. In challenging that dogma, Rutgers is saying that the phrasing of a message must be looked at critically. It may be that slang, or cultural ways of speaking are appropriate, or it may be that standard grammar is necessary. Students must know the difference and use what is right for the message and the audience.

Continue reading →